Table of Contents
Dedicated Huntington Family Law Attorneys
No one marries with the expectation of divorce, but divorce is indeed a reality. As a family’s circumstances change, divorce sometimes becomes the best – or the only option. Even when parties agree that it is time to end a marriage, a divorce may still be an emotional, complicated, stressful, and time-consuming endeavor.
Those going through a divorce usually have many questions and numerous legal issues to resolve before a case can be fully resolved. An experienced Huntington divorce lawyer at the Law Office of Louis L. Sternberg, PC, have over a decade of experience representing clients across Long Island in all aspects and phases of a divorce.
Through years of hard work and success, our clients have come to trust our compassionate, sound legal advice and representation to defend their rights and maximize success in both uncontested and contested divorce litigation.
Call us today to speak with a dedicated Long Island family law attorney about your options and your rights in a divorce. We are here to help you through your divorce from start to finish.
Huntington Family Law Attorneys Provide Results-Focused Legal Advice in Divorce Proceedings
Divorce inevitably presents challenges, but our kind and experienced staff is here to ensure the best resolution for you and your family move forward. When you retain our services, you can expect:
- Practical, dependable guidance — We draw on years of family law experience to offer reliable, practical advice whether your situation is marked by bitterness or relatively amicable. From start to finish, we strive to save you time, money and frustration, while protecting your rights and interests.
- Zealous advocacy — While divorce is fraught with emotion, courts rule on cases based on facts and legal principles. We strive to meticulously assemble the evidence necessary to put forth the most compelling argument and present your case in the most favorable fashion. Whether your case is resolved by way of settlement agreement prior to any litigation or determined after trial – we do what is necessary secure a favorable outcome.
- Open and honest communication — Our staff spends the time necessary to fully clarify all laws, legal principles and courtroom procedures relevant in your case. From the start, we detail each component of the process, enabling clients to be fully informed and to have appropriate expectations of the process. From your first consultation onwards, we discuss the path to victory and what can be expected along the way. From intake and continuing through trial, we remain accessible and available to discuss the ever-changing landscape of a divorce action.
Huntington Family Law Attorney for Custody, Child Support and Alimony
Huntington Child Custody Lawyer
Understanding how custody is determined in New York is a pivotal step in preparing for a custody hearing. Courts in New York prioritize the best interest of the child when determining custody arrangements.
Best Interests of the Child Standard
In New York, the principle governing child custody disputes is the “best interests of the child” standard. This involves considering a wide range of factors to ensure that the child’s welfare is prioritized.
The court assesses a variety of factors to determine the most suitable custody arrangement. Some of these factors include:
- Parental Guidance: The ability of each parent to provide proper guidance to the child.
- Financial Stability: The financial status and ability of each parent to provide for the child.
- Home Environment: The stability and safety of each parent’s home environment.
- Relationship with the Child: The relationship and bond between the child and each parent.
- Work Schedules and Availability: The work schedules of the parents and their availability to spend time with the child.
- Health and Mental Stability: The physical and mental health of each parent.
- Domestic Violence: Any history of domestic violence is carefully considered, with the child’s safety being of paramount importance.
- Siblings: The court may consider the relationships between the child and their siblings.
- Child’s Preference: In some cases, the court might take into consideration the child’s preferences, especially if the child is older and mature enough to express a reasonable preference.
Types of Custody
- Legal Custody: This involves making important decisions for the child, including education, healthcare, and religion. Legal custody can be joint or sole.
- Physical Custody: This refers to the parent with whom the child primarily resides. Like legal custody, physical custody can be joint or sole. Additionally, arrangements such as 50 / 50 custody and nesting are growing increasingly common on Long Island.
Determining child custody is a multi-faceted process that involves careful consideration of various factors that influence a child’s well-being. If you find yourself involved in a custody dispute in New York, understanding these elements can be a significant first step. However, navigating the intricacies of the legal system can be challenging, and seeking the guidance of an experienced Huntington Custody Lawyer.
Huntington Child Support Lawyer
How is Child Support Calculated in New York?
When it comes to ensuring a stable and secure environment for children after a separation or divorce, understanding the child support calculation process is vital. In New York, the court employs a specific set of guidelines outlined in the Child Support Standards Act (CSSA) to determine the appropriate amount of child support to be paid.
Calculation of Income
The initial step in the process is determining both parents’ adjusted gross income. This calculation includes taking the gross income from all sources and subtracting deductions such as Social Security, New York City or Yonkers income taxes, and Medicare taxes, among others.
Percentage of Income
Once the adjusted gross incomes are established, they are combined to get the combined parental income up to, and in the discretion of the court, above an income “cap.” The court then applies a predetermined percentage to this figure, based on the number of children involved:
– One child: 17%
– Two children: 25%
– Three children: 29%
– Four children: 31%
– Five or more children: no less than 35%
Pro Rata Shares
The total child support amount is then divided between the parents proportionally based on their individual incomes. For instance, if one parent earns 70% of the combined income, they will be responsible for 70% of the child support amount.
Child Support Add-ons
Apart from the basic child support obligation, parents might be required to share the children’s health care, child care, and educational expenses. These are generally shared in proportion to the parents’ incomes.
Adjustments and Deviations
In certain circumstances, the court may consider a deviation from the standard calculation. Factors such as the financial resources of the parents, the child’s physical and emotional health, and any special needs or aptitudes of the child can influence the final child support amount. Courts also consider the non-monetary contributions that each parent will make towards the upbringing of the child.
Modification of Child Support
As circumstances change, modifications to the child support order may be necessary. Significant changes in either parent’s income, changes in the child’s needs, or a substantial change in the amount of time the child spends with each parent can be grounds for modification.
Navigating child support cases in New York involves a comprehensive knowledge of the state’s laws, guidelines and an understanding of how these principles are applied. It’s highly recommended to consult with a knowledgeable Huntington Child Support attorney to guide you in securing a fair and equitable child support agreement. With expert help, you can ensure the best possible outcome for your child’s future.
Huntington Spousal Support Lawyer
Ensuring financial stability during a divorce can be a pressing concern, if not the most important aspect of the case. In New York, spousal maintenance, also known as alimony or spousal support, is designed to assist a lower-earning spouse transition into financial independence.
New York Maintenance Statutory Guidelines
To determine the appropriate amount of spousal maintenance, New York courts use a formula defined in statutory guidelines which considers both the payor’s and the payee’s income, taking into account the length of the marriage and the existence of children from the marriage.
The court will use the lower of the two results obtained from the formulas below to determine the maintenance award.
When the parties do not have minor children together:
- Formula A: (30% of the payor’s income) – (20% of the payee’s income).
- Formula B: 40% of the combined income – the payee’s income.
When the parties do not have minor children together:
- Formula A: (20% of the payor’s income) – (25% of the payee’s income).
- Formula B: 40% of the combined income – the payee’s income.
Duration of Maintenance in New York
The duration of maintenance is usually grounded in a “guideline duration” schedule based on the length of the marriage.
- Marriages up to 15 years: Maintenance for 15% to 30% of the length of the marriage.
- Marriages of 15 to 20 years: Maintenance for 30% to 40% of the length of the marriage.
- Marriages over 20 years: Maintenance for 35% to 50% of the length of the marriage.
Factors Influencing the Final Award
Aside from the guidelines and formulas, courts consider other factors such as:
- The age and health of both parties.
- The present and future earning capacity of both parties.
- The need of one party to incur education or training expenses.
- The wasteful dissipation of marital property.
- The existence of a pre-nuptial or post-nuptial agreement.
- The standard of living established during the marriage.
At the Law Office of Louis L. Sternberg, we acknowledge our clients’ worries that the cost of divorce – both monetary and emotionally – can quickly skyrocket. For those reasons, our Huntington divorce attorneys provide compassion and experience in helping clients move towards resolution of their divorce matters by way of negotiation or, when appropriate, litigation in court.
Why Choose Our Divorce Attorneys in Huntington for Your Divorce Matter?
Each family – and therefore each case – is unique. The Huntington divorce attorneys of the Law Office of Louis L. Sternberg have extensive experience assisting clients throughout Long Island in navigating the numerous complexities of a New York Divorce. We have proudly served the Long Island community for more than a decade and provided quality results to countless clients.
Our Huntington divorce lawyers realize that litigious and combative matrimonial litigation can cause financial distress and irreparably harm family relationships. We are always cognizant of those concerns and whenever possible, we attempt to amicably resolve all family law matters. When an amicable resolution is not available, we do not shy away from the courtroom and we are always prepared to litigate your case in front of any judge.
Award Winning Huntington Divorce Attorney
Louis Sternberg holds an Avvo “Superb” rating. He has been named as a Super Lawyers Rising Star and, more recently, a New York Metro Super Lawyer for 2021, 2022 and 2023. He is admitted and qualified as an attorney and counselor in both the State of New York and the United States Supreme Court.
Contact Our Huntington, NY Divorce Lawyers Today For a Free Consultation
An experienced Huntington divorce lawyer can put your fear and anxiety to rest, starting at the first consultation. Our staff will let you know what is most appropriate and feasible you and your children. We discuss temporary motions necessary to protect you during the pendency of the case and how we will negotiate with opposing counsel to maximize a settlement. We also address the possibilities of contested litigation including conferences, hearings and ultimately a trial if it should be needed. Contact The Law Office of Louis L. Sternberg today to speak to a trusted Huntington divorce attorney to help you understand your rights and options. We will help make expedite the divorce process while still focusing on the interests and needs of you and your family.
Speak with a Divorce Lawyer in Huntington today!
About Huntington, NY
Huntington, located on the north shore of Long Island in Suffolk County, New York, has a rich and storied history dating back to its founding in 1653. Initially settled by English colonists hailing from Connecticut, it became a central hub for various industries including agriculture, shipbuilding, and milling. As it evolved, the town blossomed into a culturally vibrant community nurturing luminaries like poet Walt Whitman, who was born there in 1819. Huntington witnessed substantial development during the 20th century, growing into a picturesque locale marked by beautiful beaches, art institutions, and historic landmarks. Its diverse history is reflected in its architectural landscape which blends colonial remnants with modern edifices, and in its community festivals that celebrate the rich tapestry of cultures that have shaped it over the centuries. Today, Huntington stands as a testimony to its resilient past, offering a harmonious blend of historical richness and modern-day amenities, attracting visitors and residents alike with its picturesque landscapes and vibrant cultural scene.
Frequently Asked Questions about Divorce in New York
Divorce laws and procedures can vary from state to state, and New York has its own set of rules and regulations. Additionally, certain procedures can vary from county to county and even within the same courthouse. Here are some frequently asked questions about divorce in New York:
- What are the grounds for divorce in New York?
- In New York, you can file for divorce based on both fault and no-fault grounds. No-fault divorce is the most common, based on an irretrievable breakdown of the marriage for at least six months. Fault-based grounds include adultery, cruelty, abandonment, and imprisonment. Irretrievable breakdown / no fault divorce is used as grounds except in the most egregious circumstances,
- How long does it take to get a divorce in New York?
- The length of the divorce process can vary depending on the complexity of the case and whether it is contested or uncontested. Uncontested divorces generally take less time and can be finalized in a few months, while contested divorces can take a year or more.
- Do I need a lawyer to get a divorce in New York?
- You are not required to have a lawyer, but it is highly recommended, especially for contested divorces or if there are significant assets, child custody issues, or other complex matters involved.
- How is property divided in a New York divorce?
- New York follows the principle of equitable distribution, which means that marital property is divided fairly but not necessarily equally. Factors such as the length of the marriage, each spouse’s financial contributions, and their respective needs are considered.
- Can I modify child custody and support orders?
- Yes, child custody and support orders can be modified in certain circumstances, including if there has been a significant change in circumstances. This typically involves filing a petition with the court and providing evidence of the change.
- Do I have to go to court for my divorce in New York?
- In uncontested divorces, it is possible to avoid going to court if you and your spouse can reach an agreement on all issues. However, for contested divorces or when disputes arise, court appearances may be necessary.
- Can I get a divorce if my spouse does not agree?
- Yes, you can still get a divorce in New York even if your spouse does not agree. This is known as a contested divorce, and the court will ultimately make decisions on issues like property division, child custody, and support.
- Is there a waiting period before a divorce can be finalized in New York?
- Either party may immediately pursue a divorce if they assert that the marriage has been irretrievably broken for a period of six months or more.